By: Ibrahim Sofiyullaha
Claim:
Overtaking military convoys in Nigeria is illegal and punishable under Nigerian law, as supported by the Armed Forces Act, Road Traffic Act, and National Security Agencies Act.
Caption: Armed Nigerian soldier stops a vehicle for check. Picture Credit: Getty Images
Full Text:
The viral claim that overtaking a military convoy is a serious offense punishable under Nigerian law has circulated widely on social media which has sparked heated concern and debate.
Verification:
The claim has been circulated widely on social media and sparked heated concern and debate. FactCheckAfrica’s detailed close examination of the referenced laws and alleged precedent reveals that the claim is not only entirely false, but also an apparent deliberate attempt at disinformation.
Upon cross-checking relevant legal materials, particularly those cited by the claimant, it is evident that no section explicitly states that merely overtaking a military vehicle constitutes a violation of the law. The claimant misinterpreted clear provisions and fabricated nonexistent sections of legal statutes, likely banking on the assumption that Nigerians would not verify the assertions. Notably, the author of the viral article, identified as Prince Charles Dickson, is neither a legal practitioner nor has he attended any law school.
Here is a breakdown of the claims:
1. Armed Forces Act (AFA) 2004
The Armed Forces Act is primarily concerned with the regulation and discipline of members of the armed forces. The viral claim cites Section 119 of the Act, alleging it prohibits overtaking military convoys. Upon review, Section 119 exclusively addresses offenses committed by military personnel, not civilians. There is no mention of overtaking military convoys or traffic-related offenses in this section or elsewhere in the Act.
2. National Security Agencies Act 2004
The viral article references a supposed Section 15 of the National Security Agencies Act, claiming it empowers security agencies to prosecute individuals for overtaking military convoys. However, the Act contains only eight sections, and none mentions overtaking military vehicles. The alleged provision is entirely fabricated and an apparent deliberate attempt at disinformation.
3. Road Traffic Act 2004
The claim also cites Section 35 of the Road Traffic Act as prohibiting overtaking military convoys. Upon verification, Section 35 pertains to general traffic rules and does not include any prohibition on overtaking military vehicles.
4. Aoku v. State (2017)
The claim references a supposed Court of Appeal decision where an individual was sentenced to five years imprisonment for overtaking a military convoy. No records exist of such a case in Nigeria’s judicial archives.
Context and Implications:
While no Nigerian law expressly prohibits overtaking military convoys, approaching them with caution is advisable for safety reasons. The spread of false information like this can create undue fear, distort public understanding of the law, and potentially justify human rights abuses by emboldening security personnel.
Conclusion:
The claim that overtaking military convoys in Nigeria is illegal and punishable under Nigerian law is false.
